appeal, which shall be signed by the appellant or his attorney, and which shall specify the grounds of the appeal. The hearing of such appeal may be brought on by either party in or out of term, upon notice of fourteen days. Upon such appeal a new trial of the matters in dispute shall be had in the county court without a jury, and a decision of the county court therein shall be final and conclusive, and the same costs shall be awarded as are allowed on appeals to said court. For the purposes of this chapter, the county court shall be deemed open at all times. [L. 1872, ch. 38, §§ 1, 5; R. S., 8th ed., pp. 2130-31, re-enacted with the following change: The words "for the purpose of this chapter the county court shall be deemed open at all times" are new.] § 50. Penalty for removing.- Any person who shall send, remove or entice to remove, or bring, or cause to be sent, removed or brought, any poor or indigent person, from any city, town or county, to any other city, town or county, without legal authority, and there leave such person for the purpose of avoiding the charge of such poor or indigent person upon the city, town or county from which he is so sent, removed or brought or enticed to remove, shall forfeit fifty dollars, to be recovered by and in the name of the town, city or county to which such poor person shall be sent, brought or removed, or enticed to remove, and shall be guilty of a misdemeanor. [R. S., pt. 1, ch. 20, tit. I, § 58; R. S., 8th ed., p. 2117, re-enacted with following change: Section framed so as to make a person liable who removes a poor person from one town or city to another town or city for the purpose of avoiding the charge of such poor person upon the town or city from which he was removed. For provision prescribing the punishment for a violation of this section see Penal Code, § 675a.] § 51. Proceedings to compel support.- A poor person so removed, brought or enticed, or who shall of his own accord come or stray from one city, town or county into any other city, town or county not legally chargeable with his support, shall be maintained by the county superintendents of the county where he may be. They may give notice to either of the overseers of the poor of the town, or city from which he was brought or enticed, or came as aforesaid, if such town or city be liable for his support, and if there be no town or city in the county from which he was brought or enticed or came liable for his support, then to either of the county superintendents of the poor of such county, within ten days after acquiring knowledge of such improper removal, informing them of such improper removal, and requiring them forthwith to take charge of such poor person. If there be no overseers or superintendents of the poor in such town, city or county, such notice shall be given to the person, by whatever name known, who has charge and care of the poor in such locality. [R. S., pt. I, ch. 20, tit. I, § 59, amended by L. 1888, ch. 486, L. 1885, ch. 546; R. S., 8th ed., p. 2117, re-enacted with the following changes: The words" within ten days after acquiring knowledge of such improper removal, and of the town or county liable for the support of the person so removed" are new. The section has been extended so as to include a city. The amendment to R. S., pt. 1, ch. 20, tit. I, § 59, by L. 1888, ch. 486, is omitted and the section re-enacted so as to restore the amendment of 1885, ch. 546.] § 52. Liability, how contested. The county superintendents, or overseers, or other persons to whom such notice may be directed may, after the service of such notice, take and remove such poor person to their county, town or city, and there support him, and pay the expense of such notice, and of the support of such person; or they shall, within thirty days after receiving such notice, by a written instrument under their hands, notify the county superintendents from whom such notice was received, or either of them, that they deny the allegation of such improper enticing or removal, or that their town, city or county is liable for the support of such poor person. [R. S., pt. I, ch. 20, tit. I, § 60; R.S., 8th ed., p. 2118, as am. by L. 1888, ch. 486, superseding L. 1885, ch. 546, re-enacted with the following change: The section has been extended so as to include a city.] § 53. Neglect to contest. - If there shall be a neglect to take and remove such poor person, and to serve notice of such denial within the time above prescribed, the county superintendents and overseers, respectively, whose duty it was so to do, their successors, and their respective counties, cities or towns, shall be deemed to have acquiesced in the allegations contained in such first notice, and shall be forever precluded from contesting the same, and their counties, cities and towns, respectively, shall be liable for the expenses of the support of such poor person, which may be recovered from time to time, by county superintendents incurring such expenses, in the name of their county in actions against the county, city or town so liable. [R. S., pt. 1, ch. 20, tit. I, § 61; R. S., 8th ed., p. 2118, The section has been extended so as to include a city.] Upon service of § 54. Actions, when and how to be brought. any such notice of denial, the county superintendents upon whom the same may be served, shall, within three months, commence an action in the name of their county, against the town, city or county so liable for the expenses incurred in the support of such poor person, and prosecute the same to effect; if they neglect to do so, their town, city or county, shall be precluded from all claim against the town, city or county to whose officers such first notice was directed. [R. S., pt. I, ch. 20, tit. I, § 62; R. S., 8th ed., p. 2118, The section has been extended so as to include a city.] § 55. Penalty for bringing foreign poor into this state. Any person who shall knowingly bring or remove, or cause to be brought or removed, any poor person from any place without this state, into any county, city or town within it, and there leave or attempt to leave such poor person, with intent to make any such county, city or town, or the state, wrongfully chargeable with his support, shall forfeit fifty dollars, to be recovered by an action in a court of competent jurisdiction in the county, and in the name of the county, city or town into which such poor person shall be brought, and shall be obliged to convey such person out of the state, or support him at his own expense, and shall be guilty of a misdemeanor, and the court or magistrate before whom any person shall be convicted for a violation of this section shall require of such person satisfactory security that he will within a reasonable time, to be named by the court or magistrate, transport such person out of the state, or indemnify the town, city or county for all charges and expenses which may be incurred in his support; and if such person shall refuse to give such security when so required, the court or magistrate shall commit him to the common jail of the county for a term not exceeding three months. [L. 1831, ch. 277, § 1; R. S., 8th ed., p. 2122, re-enacted with the following changes: 1. Extended so as to include a city. 2. The word "wrongfully" is inserted. 3. The words "with intent to make any such county, city or town, or the state, chargeable with his support," are inserted. 4. The words "in a court of competent jurisdiction," are inserted in place of the words " in justices' court." 5. The words" and shall be guilty of a misdemeanor," are new. 6. The words" court or magistrate," are inserted in place of the word "justice."] § 56. Poor children under sixteen years of age.- No justice of the peace, board of charities, police justice, or other magistrate, or court, shall commit any child under sixteen years of age, as a vagrant, truant or disorderly person, to any jail or county alms house, but to some reformatory, or other institution, as provided for in the case of juvenile delinquents; and when such commitments are made, the justice of the peace, board of charities, police justice, or other magistrate or court making the same, shall immediately give notice to the superintendents of the poor or other authorities having charge of the poor of the county in which the commitment was made, giving the name and age of the person committed, to what institution, and the time for which committed; nor shall any county superintendents, overseers of the poor, board of charity, or other officer, send any child under the age of sixteen years, as a poor person, to any county alms-house, for support and care, or retain any such child in such alms-house, but shall provide for such child or children in families, orphan asylums, hospitals, or other appropriate institutions for the support and care of children as provided by law, except that a child under two years of age may be sent with its mother, who is a poor person, to any county alms-house, but not longer than until it is two years of age. The boards of supervisors of the several counties, and board of estimate and apportionment of the county of New York, and the appropriate board or body in the county of Kings shall take such action in the matter as may be necessary to carry out the provisions of this section. When any such child is committed to an orphan asylum or reformatory, it shall, when practicable, be committed to an asylum or reformatory that is governed or controlled by persons of the same religious faith as the parents of such child. [L. 1831, ch. 277, §§ 4, 5, 6; R. S., 8th ed., p. 2122, L. 1875, ch. 173, §§ 1, 2; as amended by L. 1876, ch. 266, L. 1875, ch. 173, §§ 1, 2; as amended by L. 1876, ch. 266; L. 1878, ch. 404, as amended by L. 1879, ch. 240; R. S., 8th ed., This section is intended to cover all of the above acts and to make one statement of all of them that should be retained. The section has been changed so that no child under sixteen years of age shall be sent to an alms-house, except when it is sent with its mother, and then not longer than until such child shall reach the age of two years.] |